Special and General Grounds for Divorce According to the Turkish Civil Code

Special Grounds for Divorce According to the Turkish Civil Code

Marriage is a sacred union based on love, respect, and trust between spouses. However, sometimes this union can become unsustainable and unbearable for the spouses due to various reasons. The Turkish Civil Code provides certain special grounds for divorce in such cases. These grounds are defined as events that fundamentally undermine the marriage and make it impossible for the spouses to live together.

According to the Turkish Civil Code, the special grounds for divorce are as follows:

1. Adultery (TCC Article 161): If one of the spouses commits adultery, the other spouse has the right to file for divorce. Adultery is considered a violation of marital fidelity and is recognized as a ground for divorce.

• The right to file for divorce is subject to a statute of limitations: six months from the time the innocent spouse becomes aware of the adultery, and in any case, within five years of the act. This is a limitation period.

• The forgiving spouse cannot file for divorce. If the spouses decide to give their marriage another chance after adultery, a divorce cannot be filed on this ground.

1. Attempt on Life, Severe Ill-Treatment, or Humiliating Behavior (TCC Article 162): If one spouse attempts to kill the other, subjects them to severe ill-treatment, or humiliates them, it constitutes a ground for divorce.

• Examples of severe ill-treatment include physical violence, torture, forced sexual acts, starvation, abandonment, confinement at home, or threats of such actions.

• The right to file for divorce is subject to a statute of limitations: six months from the time the innocent spouse becomes aware of the behavior, and in any case, within five years of the act. This is a limitation period.

• The forgiving spouse cannot file for divorce.

1. Criminal Activity and Immoral Lifestyle (TCC Article 163): If one of the spouses commits a degrading crime or leads an immoral lifestyle, the other spouse has the right to file for divorce. This situation is considered a significant ground for fundamentally undermining the marriage.

• There is no limitation period for filing for divorce based on criminal activity (excluding attempted or negligent crimes) and an immoral lifestyle. It can be filed at any time.

• Examples include substance or alcohol addiction, gambling, and requests for abnormal sexual practices.

1. Desertion (TCC Article 164): If one spouse deserts the other with the intention of not fulfilling the obligations of the marital union and this desertion continues for at least six months, the deserted spouse can file for divorce.

• If the desertion occurs due to violence or ill-treatment, the deserting spouse cannot file for divorce on this ground.

• The deserting spouse must not return home for at least six months. A warning must be issued by the judge or a notary public, made in the fourth month, and must remain unresolved within a two-month period.

1. Mental Illness (TCC Article 165): If one spouse suffers from a mental illness that makes it impossible to continue the marital union, and this illness is confirmed by an official health board report, the other spouse can file for divorce.

• To file for divorce based on mental illness, certain conditions must be met: the illness must be incurable, and the shared life must become unbearable for the other spouse.

These special grounds for divorce are detailed in the Turkish Civil Code and are designed to protect the rights of the spouses. The existence and proof of these grounds are of great importance during the divorce process.

General Grounds for Divorce According to the Turkish Civil Code

In addition to the special grounds for divorce, the Turkish Civil Code also recognizes certain situations where the marriage is deemed to be fundamentally undermined, giving the spouses the right to file for divorce. General grounds for divorce include situations that make the continuation of the marriage impossible and living together unbearable for the spouses.

According to the Turkish Civil Code, the general grounds for divorce are as follows:

1. Irretrievable Breakdown of the Marriage (TCC Article 166): If the marital union is fundamentally undermined to the extent that it is unreasonable to expect the spouses to continue their shared life, either spouse can file for divorce. This ground refers to the deterioration of the marriage due to various events or situations. Examples include constant conflict, severe disagreements, or emotional disconnection.

2. De Facto Separation (TCC Article 166/4): If the spouses have been de facto separated for at least three years and it is determined that the marital union cannot be reestablished, the court may decide on a divorce. In this case, the spouses must have lived apart for the duration of the separation, and this separation must continue.

3. Mutual Consent Divorce (TCC Article 166/3): If the marriage has lasted at least one year, and the spouses jointly apply or one spouse's filing is accepted by the other, the marriage is considered fundamentally undermined. Mutual consent divorce is carried out by the spouses reaching an agreement on divorce, alimony, custody, and division of property and applying to the court together.

These general grounds for divorce cover situations where the continuation of the marital union is no longer possible and legally entitle the spouses to file for divorce. The existence and proof of these grounds are crucial during the divorce process. It is highly recommended for spouses to seek legal advice during this process to properly evaluate their rights and obligations.